Research This Stage Of Prison Execution

According to Article-1in Prison Law of China,"This law is enacted, in accordance with the Constitution for for the purpose of carrying out penalty, punishment and reform of criminals, and preventing and reducing crime.", executing penalty in the prison should accomplish the legitimacy and the balance between penalty and reform. How should the penalty in the prison be done legitimately? How should penalty attach equal importance to reform, and what kind of dialectical relationship is between them?The author in this paper thinks that the legitimacy of penalty in the prison should be reflected in the penalty entities and both justness and righteousness of the penalty procedure. The second point should be the realization of the essence of the prison penalty, which means that no penalty can be executed unless punishment is formulated. However, criminal reform should be focused on simultaneously, by treating criminals in a humane manner, and giving them new hopes.Divided into four chapters, this paper is involved in the problem of the prison penalty, in the way of the comparative analysis and the entity research methods. It discusses the concept of the prison penalty and the comparison of that at home and abroad, the problems confronted in its practice and its accomplishment. The first chapter elaborates on the concept, feature and principle. And the second chapter is concerned with the comparison of penalty at home and abroad. It give a deep search about the ambiguous classification of prisons, the imperfection of legal system and the imbalance of the right of criminals in the third chapter. In the final section, the author gives some theoretical proposation for the classification of prisons and enhancing the quality of the police.